Guidelines & Terms

I. GUIDELINES

1. ELIGIBILITY

The Screenings and Competition (hereafter “Competition”) is offered and open only to natural persons who are at least 18 years of age at the time of entry. Parents and guardians of film makers younger than 18 can submit on their behalf.

The following persons are not eligible to win prizes: employees of NASA, Houston Cinema Arts Society (hereafter “HCAS”) and their Board, employees of vendors to NASA or HCAS that have contracted to provide services to or in connection with the Competition, members of the Selection Committee, the Competition judges, and members of the households of the foregoing persons (collectively, the “Competition Parties”). However, if they would like to submit videos for viewing and possible inclusion as finalists, individuals affiliated with NASA should contact Dan Jacobs at daniel.v.jacobs@nasa.gov and individuals affiliated with HCAS should contact Patrick Kwiatkowski at patrick@cinemartsociety.org for more information or to discuss the details. NASA contractors may submit under certain circumstances.

By entering, you agree to these Rules and warrant that you are eligible to enter the Competition.

THIS COMPETITION IS VOID WHERE PROHIBITED.

2. PRE-COMPETITION and KEY DATES

At any time the General Public may visit the NASA IMAGE ARCHIVE and download imagery for public use. Access to this Archive is always available year-round, with the exception of any technical or maintenance related shutdowns. Note that the Archives are constantly updated and refreshed with new material.

The general use of these images is governed by NASA and US Federal Regulations and these regulations supersede any CineSpace Guidelines or Terms. The CineSpace Guidelines, Terms, and FAQ endeavor to indicate important NASA regulations for the use of imagery in connection with this Competition.

You must submit an audiovisual work (a “Submission”) that complies with the requirements of these Guidelines and Terms between April 5, 2017 and July 31, 2017 (any time zone) (the “Submission Period”) using the means described below. Entries will be judged between August 1, 2017 and September 15, 2017 (the “Judging Period”). Award winners and Finalist will be notified on or before October 31, 2017. The date of a public announcement of Award Winners and Finalist is to be determined at this time.

3. HOW TO ENTER

There is no entry fee to submit to CineSpace. You may submit more than one original work.

Submissions MUST contain at least 10% (based on total running time) of NASA video imagery. More than 10% can be used and still photos can also be used in addition to the video imagery. This imagery may be obtained through the NASA IMAGE ARCHIVE or other publicly available means such as YouTube, etc. For access to NASA still images please go to the JSC Digital Image Collection or the NASA Flickr page.

The Tongal Video Submission Phase (“Submission Portal”) is OPEN NOW with a deadline of 23:59 (11:59 pm) July 31, 2017 (any time zone).

Should you win, you will also be required to provide a 1080p .mov master file, using a ProRes, Animation, or Uncompressed Codec. In addition, any non-English language works will be required to submit a version without subtitles and provide either an English sub-title transcript or SRT file with English subtitles – based on 1080p file.

Fill out the required information on the Submission Form, and

Agree to Terms in the Submitter’s Agreement.

CineSpace may use third parties such as Film Freeway for marketing and visibility but all Submissions must come through the Tongal.

If your access to the Submission Portal is limited or restricted please contact info@tongal.com.

The video file that you submit must comply with Tongal’s recommended compression and uploading guidelines (see item 2 above for uploading instructions).

If your Submission is selected as a Finalist (as defined below), you must provide a high-resolution version upon CineSpace’s request.

Once you have submitted a work, it will not be returned. Submissions may be disqualified at any time for non-compliance with these Official Rules. CineSpace makes the final determination as to which Submissions are eligible to take part in this Competition. NASA is the sole judge of the prizewinners. CineSpace will not notify you of any disqualification or the reasons for such disqualification.

ANY ATTEMPT TO ENTER THE COMPETITION EXCEPT AS PROVIDED ABOVE IS VOID.

4. REQUIREMENTS AND JUDGING CONSIDERATIONS

Each Submission must comply with the following rules:

It must be an original work by you (apart from the NASA imagery), meaning that you (or the minor you as a parent are submitting for) were one of the work’s principal creators and have the right to submit it to the Submissions Portal and grant the licenses set forth in Terms below.

It must have been created after January 1, 2012.

It must either be in the English language or have English subtitles (to the extent it contains dialogue or text).

It must be no longer than 10 minutes, including credits.

It must contain at least 10% (total time basis of actual work – not including end credits) of NASA Imagery, which may be found on the NASA Archive or other publicly available sources. (NASA Imagery may be altered with After Effects or other techniques).

The submitted works may be uploaded to the Tongal website in HD 720p 16×9 with acceptable file formats: .mov, .avi, .mp4, .wmv, and acceptable codecs: H.264 (MP4), MPEG-4, H.263, MPGV, WMV, DivX. Different original formats should be presented in a 720p sequence – formatted to your preference.

Cinespace screens all selections in 1080p format. Should you win, you will also be required to provide a 1080p .mov master file, using a ProRes, Animation, or Uncompressed Codec. Works created in other formats will be converted to 1080p and presented either letterboxed (wider formats) or pillarboxed (old 4:3 footage and others). To retain your own quality control we advise that you submit any alternative format footage in a 1080p sequence formatted as you wish.

If your film was created using a cell phone, please be advised that portrait cell phone footage is difficult to present on screen. It is highly recommended to shoot any video using a cell phone in the landscape or horizontal orientation unless the portrait effect is desired.

It must not be an excerpt from a longer work.

It must comply with all of the content restrictions set forth in Terms. Among other things, ANY USE OF THIRD PARTY MUSIC IN THE SUBMISSION MUST BE PRE-CLEARED WITH THE APPLICABLE OWNERS/LICENSORS.

You must have the right to grant the licenses set forth in Terms.

In general we are looking for Submissions that:

Are based on innovative artistic presentation and storytelling

Provoke an emotional response

Show a mastery of filmmaking craftsmanship

CineSpace is open to all genres and styles including, but not limited to, experimental, narrative, documentary, comedy, drama, animation, ambient, music videos, re-mix, sports, horror, and underground.

**IMPORTANT – Please review the Finalists and Winners from 2015 and 2016 – while it will not disqualify you, WE STRONGLY URGE YOU TO USE NASA ARCHIVE FOOTAGE THAT HAS NOT BEEN USED IN PAST COMPETITIONS**

When submitting to the Submissions Portal you must select the best-fitting genre. CineSpace reserves the right to change the genre.

Selection of Finalists

A team of specialists from NASA and HCAS will select Finalists based on considerations set forth below. All Finalists will be “CineSpace 2017 Finalists” and their works will screen at Houston Cinema Arts Festival November 9-16, 2017. The Finalists’ works will also be posted on the HCAS website and various NASA websites. Subsequent screenings may take place at special events throughout the remaining year and a compilation of the finalists may be submitted for screening in its entirety to other collaborating film festivals internationally. All Finalists will be notified of website posts and all screenings.

Awarding of Prizes

One or more NASA judges will award the prizes as listed below:Competition Awards

Grand Prize: USD 10,000

Second Prize: USD 5,000

Third Prize: USD 3,000

Optional: Special Judging Categories and Awards for

Film Best Depicting Benefits of Space to Humanity: USD 4,000

Film Best Depicting Spirit of Future Exploration of Space: USD 4,000

Criteria for Special Judging Categories: In general, the Jury is looking for Submissions that elevate the featured themes using creative and original cinematic and/or storytelling techniques. If the jury feels that a Submission meets these criteria, the Submission may be considered for this Award. If no submissions sufficiently meet the criteria, this category may not be awarded this year.

“Film Best Depicting Benefits of Space to Humanity”

The Jury will use the following NASA statement as a guide: “Through advancing the state of scientific knowledge, the benefits of space exploration and scientific research in space will strengthen economies and enhance the quality of life here on Earth for all people. This Special Award is for the submission that best captures and communicates this message.”

“Film Best Depicting Spirit of Future Exploration of Space.”

The Jury will use the following NASA statement as a guide: “The U.S. and NASA figure prominently in exploration and pioneering. As nations explore, they discover, innovate, prosper, lead— and become great. NASA missions, both robotic and human, expand the knowledge of our planet, our solar system, and the universe, leading to the expansion of mankind itself from the Earth to the Moon, Mars, and beyond. This Special Award is for the submission that best captures and communicates this future-oriented message.”

All remaining finalists receive Official Selection mention.

All genres will be considered for all prizes.

The Selection Committee and Competition Judges (collectively the “Jury”) understand that various genres and formats have different dominant qualities. The Jury will consider the following to select finalists and winners:

Is the work based on innovative artistic presentation and storytelling?

Does the work provoke an emotional response?

Does the work show a mastery of filmmaking craftsmanship?

Does the work exemplify creative excellence that pushes the boundaries of filmmaking and storytelling?

Does the work show a high level of technical, conceptual, and aesthetic innovation and display an exceptional level of creative vision?

Does the work show an exemplary use of the original NASA material used?

Does the work show an exceptional level of creative vision and execution?

Does the work capture a creative expression?

Does the work explore new ideas or techniques to further filmmaking as an art form?

Does the work offer a fresh perspective?

5. CONTENT RESTRICTIONS

Your Submission must comply with the content restrictions and guidelines in the Terms and any NASA Imagery Archive restrictions.

This summary of key points of Restrictions and Limitations on Use of NASA Material is provided for convenience. The full restrictions are available here:NASA IMAGERY ARCHIVES RESTRICTIONS

You shall not state or imply the endorsement by NASA or by any NASA employee of a commercial product, service, or activity, or use NASA imagery in any manner that might mislead.

You are informed that it is unlawful to falsely claim copyright or other rights in NASA material and therefore, you may not claim copyright or other rights in any NASA Material used in any of your Videos.

You agree that NASA shall in no way be liable for any costs, expenses, claims, or demands arising out of your use of NASA Material.

NASA Material is not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, NASA Material may be reproduced and distributed without further permission from NASA.

If a recognizable person, or talent (e.g., an astronaut or a noted personality engaged to narrate a film) appears in NASA material, use for commercial purposes may infringe a right of privacy or publicity. Therefore, permission should be obtained from the recognizable person or talent, if the proposed use of the NASA Material could be viewed as a commercial exploitation of that person. However, if the intended use of NASA Material is primarily for communicative purposes, i.e., books, newspapers, and magazines reporting facts of historical significance (constitutionally protected media uses), then such uses will generally be considered not to infringe such personal rights.

Some NASA audiovisual material may incorporate music or footage, which is copyrighted and licensed for the particular NASA work. Any editing or otherwise altering of the work may not be covered under the original license, and therefore would require permission of the copyright owner.

NASA audiovisual material may include visible NASA identifiers (e.g., the name of the vehicle and the NASA Insignia or Logotype in photographs or film footage of Space Shuttle vehicles). Use of such materials is generally non-objectionable, provided the NASA identifiers appear in their factual context.

In addition and without limiting the generality of the foregoing, the Submission must also comply with the restrictions below:

The Submission may not contain obscene or pornographic material; contain threats to any entity, place, group, or world peace; or violate any applicable laws.

The Submission may not infringe any third party’s intellectual property rights or infringe any third party’s privacy rights.

The Submission must not contain any third party work, INCLUDING ANY MUSICAL RECORDING OR COMPOSITION, unless (1) you have a license to use such work in the Submission from the owners/licensors; (2) such work is in the public domain; (3) your use of such work is clearly “fair use” under United States copyright law.

Where required by law, you must have obtained appropriate releases for every person who appears recognizably in your Submission.

No live animals may be used in the creation of a Submission unless you have obtained the consent of the animal’s owner and an affidavit from the animal owner or wrangler stating that the animal was not harmed in the making of the Submission.

You must not breach any contractual obligation in submitting your Submission.

You must provide any licenses, permissions, or releases to CineSpace upon request. Failure to provide such documentation or comply with any the foregoing requirements (in CineSpace’s sole determination) may result in the disqualification of your Submission.

By entering your Submission, you represent and warrant that it complies with the requirements set forth in this Section 5.

II. SUBMITTER’s AGREEMENT

The official Terms of Agreement are in the Submitter’s Agreement provided in the Submissions Portal.

NOTE: For convenience only the Submitter’s Agreement text is copied below.

Submitter Agreement

Please Read This Carefully! You are agreeing to a Submitter Agreement (SA) for this particular competition only. For the purposes of this SA, “Submitter” refers to either the person creating and submitting the Submission or the person submitting the Submission on behalf of an individual under the age of 18.

If you click “I agree” and proceed to the Submission Page for this competition, this Submitter Agreement (“SA”) will be a valid and binding agreement between you and The Service and in addition to the existing Terms of Use for all purposes relating to this competition. Please print and keep a copy of this SA. No provisions you may have agreed to that are specific to any other individual short film competition will apply.

As a Submitter you may submit to CineSpace your idea (e.g., your video submission) (hereinafter referred to as a “Submission”) to the CineSpace Short Film Competition to which this SA relates. The Service will make reasonable efforts to provide access for your Submissions to NASA; however, if the content of the Submission is not appropriate, The Service and NASA reserve the right to exclude the Submission from the competition without prior warning. In addition, by submitting your Submission you thereby agree to provide reasonable assistance and additional information concerning your Submission to CineSpace, Houston Cinema Arts Society, or NASA, if requested.

Acceptance of Submission and License to Use. CineSpace will notify you within a reasonable period of time after the end of the submittal Period whether your Submission has been selected by NASA for an Award. NASA will judge all Submissions against the guidelines set out in the competition and determine, in its sole discretion, which Submission best addresses the competition guidelines. NASA has absolute and sole discretion to determine whether to accept your Submission, or any Submission, and whether to make an Award, or multiple Awards. Submitter acknowledges and agrees that The Service is not responsible for and has no liability for selection of a winning Submission. Submitter further agrees to hold The Service legally harmless in regard to selection of a winning Submitter. Submitter agrees to hold The Service legally harmless for any advice it may provide as to the quality or suitability of submitted Submissions and agrees to waive any claim against The Service for Submitter’s failure to win an award. The meeting of the CineSpace guidelines does not automatically mean that the Submission will be eligible for an Award. Submissions must NOT contain or include ideas, concepts, solutions or technology in respect of which a third party owns or controls the intellectual property. Submissions and descriptions thereof may not include trademarks or trade names of corporations or entities without the permission of their owners. By entering, you represent and warrant that:

your entire Submission is an original work by you and you have not included third-party content (including, but not limited to, writing, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Submission, unless (a) otherwise requested by NASA and/or disclosed by you in your Submission, (b) provided by NASA for use in this specific Challenge and subject to the limitations and restrictions set forth in Section 6 of this SA; and (c) you have either obtained the rights to use such third-party content or the content of the Submission is considered in the public domain without any limitations on use;

you hereby indemnify NASA and any person acting on behalf of NASA against any liability, including costs and expenses incurred as a result of (1) violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication or use of any Submission furnished under this SA; or (2) any libelous or other unlawful matter contained in such Submission;

you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to NASA hereunder, including the right for NASA to use and develop derivative works of and from the Submission;

you understand, recognize and accept that NASA has access to, may create or has created materials and ideas which may be similar or identical to the Submission in concept, theme, idea, format or other respects. You acknowledge and agree that NASA shall have the right to use such same or similar materials, and that you will not be entitled to any compensation arising from NASA’s use of such materials. In the event that your entry is identical or similar to the Submission of another Submitter, NASA reserves the right, at the sole discretion of NASA, to either score one Submission higher than the other subject to the Challenge Statement guidelines or to randomly choose a Submission from all of those submitted which respond to the Challenge Statement guidelines.

all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have:

given you their express, irrevocable written consent to submit the Submission for unlimited, royalty-free use, exhibition and other exploitation in any manner, for any purpose (including but not limited to public performances in one or more film festivals), and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity;

provided written, irrevocable permission to include their name, image or pictures in or with your Submission (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by NASA to provide permission in writing;

no claims for payment of any kind, including, without limitation, for royalties or residuals, has no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Submission; and

not been and are not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission; and

All intellectual property rights (e.g., Copyrights), if any, in original works CREATED by YOU in ALL Submissions (e.g., in the VIDEO SUBMISSION, COMPILATION, idea, or concept) SUBMITTED BY YOU IN RESPONSE TO THIS CHALLENGE will remain with YOU, the Submitter

By entering, you agree that: (i) you hereby grant to NASA and Houston Cinema Arts Society a fully transferable, paid-up, royalty free, non-exclusive, irrevocable, world-wide license in all intellectual property (e.g., in any copyright asserted by you) in original works created by you in all Submissions submitted by you in response to this challenge for use in any manner, for any purpose, and in any and all media; (ii) NASA, Houston Cinema Arts Society and their authorized representatives have the unlimited right to alter and/or edit all Submission or any part or element thereof; and (iii) NASA, Houston Cinema Arts Society and their licensees, successors and assigns have the paid-up, royalty-free, irrevocable, right to use any and all Submissions, and the names, likenesses, voices and images of all persons appearing in all Submissions in any manner, for any purpose (including but not limited to public performances in one or more film festivals), and in any medium now known or hereafter devised throughout the world in perpetuity.

Please also be aware that your Submission(s) may not be acknowledged and will not be received or held “in confidence” and your Submission(s) does/do not create a confidential relationship or obligation of secrecy between you and any of the entities involved in this Challenge.

If NASA selects your Submission for an Award, the payment amount specified in the CineSpace Guidelines posted on the Service by NASA shall be paid to you by The Service within thirty (30) days after occurrence of each of the following: 1) you are notified by CineSpace of your Submission’s selection, and 2) the completion of certain verification procedures by The Service, and review and acceptance of such results by NASA, and 3) The Service’s receipt of Award payment from NASA. Payment of any Award is conditioned upon your cooperation with The Service’s verification procedures. The Award will be paid to you locally, in U.S. Dollars, or if required by your local law, in your local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by The Service. The Service is not responsible for payment of any Award, or any part of any Award, to any party other than to the Submitter through whom the Submission was submitted to The Service. You understand that the Award represents a complete payment, net of any local taxes or transfer fees that The Service may be required to withhold, for any Accepted Submission and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Awards shall be your sole responsibility.

GENERAL CONDITIONS. NASA has the right to verify each Submitter’s eligibility and compliance with this SA. NASA is a third-party beneficiary of this SA, with the right to enforce the terms and conditions hereof directly against you. Participation is conditioned on providing data required on the Service. Personal data will be processed in accordance with The Service’s Privacy Policy which can be located at a link to be provided no later than June 1, 2017. Submitters should direct any request to access, update, or correct information to CineSpace at cinespace@cinemartsociety.org. Neither The Service nor NASA is responsible for human error, theft, destruction, or damage to Submissions, or other factors beyond its reasonable control.

Submitters should not register with multiple e-mail and/or street addresses. In the event of a dispute as to any Submission, the authorized account holder of the email address used to enter will be deemed to be the person who submitted the Submission. The authorized “account holder” is the natural person assigned an email address by an internet access provider, online service provider or other entity responsible for assigning email addresses for the domain associated with the submitted address.

Representations and Warranties. You represent and warrant that:

All information provided by you regarding yourself and, if applicable, your business (“Submitter Information”) is true, accurate, current, and complete information and you will maintain and update the Submitter Information to keep it true, accurate, current and complete.

If you are an individual representing a business or other entity, you are authorized to enter into this Agreement on behalf of that business or entity.

Unless otherwise disclosed in the Submission, you are the owner of the Submission and the Submission does not infringe or violate any patent, copyright, trade secret, trademark or other third-party intellectual property right.

You have the right to grant the license in the Submission as required by Section 2 of this SA.

Restrictions and Limitations on Use of NASA Materials.

You shall not state or imply the endorsement by NASA or by any NASA employee of a commercial product, service, or activity, or used in any manner that might mislead.

You are informed that it is unlawful to falsely claim copyright or other rights in NASA material and therefore, you may not claim copyright or other rights in any NASA material used in any of your Submissions.

You agree that NASA shall in no way be liable for any costs, expenses, claims, or demands arising out of your use of NASA material.

NASA material is not protected by copyright unless noted. If copyrighted, permission should be obtained from the copyright owner prior to use. If not copyrighted, NASA material may be reproduced and distributed without further permission from NASA.

If a recognizable person, or talent (e.g., an astronaut or a noted personality engaged to narrate a film) appears in NASA material, use for commercial purposes may infringe a right of privacy or publicity. Therefore, permission should be obtained from the recognizable person or talent, if the proposed use of the NASA material could be viewed as a commercial exploitation of that person. However, if the intended use of NASA material is primarily for communicative purposes, i.e., books, newspapers, and magazines reporting facts of historical significance (constitutionally protected media uses), then such uses will generally be considered not to infringe such personal rights.

Some NASA audiovisual material may incorporate music or footage, which is copyrighted and licensed for the particular NASA work. Any editing or otherwise altering of the work may not be covered under the original license, and therefore would require permission of the copyright owner.

NASA audiovisual material may include visible NASA identifiers (e.g., the name of the vehicle and the NASA Insignia or Logotype in photographs or film footage of Space Shuttle vehicles). Use of such materials is generally non-objectionable, provided the NASA identifiers appear in their factual context.

In the case of any conflict between the terms of this SA and the Terms of Use, this SA controls.